Wairio TC 25 March 2017 – R 9 – Chair, Prof G Hall
ID: JCA16799
Meet Title:
Wairio TC - 25 March 2017
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2017/03/25
Race Number:
R 9
Decision:
We are satisfied Mr Orange has taken insufficient action to straighten DELIGHTFUL MEMPHIS. We thus find the charge proved.
Penalty:
The starting point in the JCA penalty guide is $300 or 6 drives. After taking into account the nature of the breach and, in particular, Mr Orange’s record, we impose a fine of $200 and remind him he has obligations not only to the connections of the horse he is driving but also to his fellow drivers.
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that in race 9, the SOUTHLAND STANDARDBRED BREEDERS ASSN MOBILE PACE, Mr Orange (DELIGHTFUL MEMPHIS) drove in a manner likely to cause interference to EAMON MAGUIRE (Mr D Dunn) over the concluding stages when shifting inwards.
Rule 869(4) states:
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Paragraph 7 of the Passing Lanes, False Rails and Home Straight Regulations provides:
Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
Submissions for Decision:
Mr Tidmarsh demonstrated that the respondent was racing 3 wide in the home straight and his horse drifted inwards under pressure. Near the winning post, Mr Dunn, who was inside Mr Orange and outside Mr Lee, was dictated inwards and he had to steady his horse, with contact being made, Mr Tidmarsh alleged, between a foreleg of Mr Dunn’s horse and the wheel of the cart of Mr Lee.
Mr Tidmarsh estimated the movement was inside the final 100 metres. He said there was no horse to the outside of the respondent and he had not made sufficient room for Mr Dunn. He believed Mr Orange should have straightened his horse. He pointed out that Mr Orange had the whip in his right hand and had allowed the horse to drift inwards. He believed there should have been more pressure placed on the right rein. In his view, Mr Orange had made no attempt to straighten his horse until after the winning post when the rein went back to the right hand.
Mr Tidmarsh called Mr Dunn as a witness. Mr Dunn agreed it had got tight near the line but emphasised he was always going to finish third. He said he had had to grab hold of EAMON MAGUIRE but had not made contact with Mr Lee’s cart.
In response to questioning from Mr Orange, Mr Dunn said he had not yelled out as it was on the finishing line when the tightening happened. He agreed with Mr Orange that it was possible to steer a horse with both reins in one hand, that the natural instinct of a horse was to shift in on a bend, and that the head of DELIGHTFUL MEMPHIS may have been turned outwards because Mr Orange was placing pressure on its mouth. When the Committee had the videos frozen some 30 metres from the winning post, Mr Dunn agreed he had not been able to drive his horse out at that point of the race and that Mr Lee did not appear to have shifted outwards. Again, he emphasised he believed the best he was going to finish was third.
Mr Orange denied he had not had enough control of his horse. The reins were crossed but he was controlling DELIGHTFUL MEMPHIS. He pointed to the occasions the horse’s head was turned outwards slightly. He said this was evidence of his control and that he was putting pressure on the horse’s mouth. He accepted it had got tight in the last two steps but the race was over by then. He said drivers often get squeezed out of gaps in a race and he had let DELIGHTFUL MEMPHIS run to the line but, in so doing, he had placed pressure on its mouth. He acknowledged the horse was drifting in slowly but he was correcting it, as it had its head turned outwards.
Mr Tidmarsh summed up by stating the Stipendiary Stewards would expect a driver to make steps to straighten his horse. DELIGHTFUL MEMPHIS had shifted down the track in the home straight and Mr Dunn had had to restrain his horse from the 40 metres. Mr Lee had not moved and Mr Dunn was entitled to a clear and uninterrupted run, which he had not received. He refuted that the respondent had put pressure on the horse’s mouth.
Mr Orange said the issue was did he do enough to correct his horse. He submitted the fact DELIGHTFUL MEMPHIS’s head was turned out was evidence that he had.
Reasons for Decision:
Mr Orange has correctly identified the issue. However, we do not agree that he has taken adequate steps to ensure that DELIGHTFUL MEMPHIS ran in a straight line down the home straight. He has allowed DELIGHTFUL MEMPHIS to drift inwards until the horse came into Mr Dunn’s running line. Mr Lee was to Mr Dunn’s inside. There was nowhere for Mr Dunn to go so he had to take hold. We accept the grabbing hold was close to the winning post and by this time it was evident that EAMON MAGUIRE was not going to finish ahead of DELIGHTFUL MEMPHIS. Mr Dunn said in his view the tightening had not cost him a better placing.
Whatever pressure Mr Orange was placing on the mouth of DELIGHTFUL MEMPHIS was insufficient to prevent the horse shifting in gradually in the home straight. The horse’s head did turn significantly outwards on one occasion but this was right on the line and by which time Mr Dunn had clearly run out of room.
Submissions for Penalty:
Mr Tidmarsh produced Mr Orange’s record, which evidenced no breach of this or the careless driving rule for this and the past two seasons. Mr Orange is a very busy driver and Mr Tidmarsh rightly described this record as excellent. He also emphasised that the respondent’s actions had not cost Mr Dunn a better placing. He submitted a fine of $250 was appropriate.
Mr Orange submitted that a fine of $200 should be imposed.
Reasons for Penalty:
The breach is low end, although to some extent this is fortuitous, as Mr Dunn has clearly run out of room. However, this was close to the line and Mr Dunn has said it did not cost him a better placing. Mr Orange’s record is a remarkable one when regard is had to the fact that he is one of the country’s busiest drivers. We estimate he would have had close to 2000 drives with no breach of this or the careless driving rule.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: a22f4718755c7bb83f778b315314d4f4
informantnumber: A8597
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving in manner likely to cause interference
plea: denied
penaltyrequired: 1
decisiondate: 28/03/2017
hearing_title: Wairio TC 25 March 2017 - R 9 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that in race 9, the SOUTHLAND STANDARDBRED BREEDERS ASSN MOBILE PACE, Mr Orange (DELIGHTFUL MEMPHIS) drove in a manner likely to cause interference to EAMON MAGUIRE (Mr D Dunn) over the concluding stages when shifting inwards.
Rule 869(4) states:
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Paragraph 7 of the Passing Lanes, False Rails and Home Straight Regulations provides:
Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
appealdecision:
isappeal:
submissionsfordecision:
Mr Tidmarsh demonstrated that the respondent was racing 3 wide in the home straight and his horse drifted inwards under pressure. Near the winning post, Mr Dunn, who was inside Mr Orange and outside Mr Lee, was dictated inwards and he had to steady his horse, with contact being made, Mr Tidmarsh alleged, between a foreleg of Mr Dunn’s horse and the wheel of the cart of Mr Lee.
Mr Tidmarsh estimated the movement was inside the final 100 metres. He said there was no horse to the outside of the respondent and he had not made sufficient room for Mr Dunn. He believed Mr Orange should have straightened his horse. He pointed out that Mr Orange had the whip in his right hand and had allowed the horse to drift inwards. He believed there should have been more pressure placed on the right rein. In his view, Mr Orange had made no attempt to straighten his horse until after the winning post when the rein went back to the right hand.
Mr Tidmarsh called Mr Dunn as a witness. Mr Dunn agreed it had got tight near the line but emphasised he was always going to finish third. He said he had had to grab hold of EAMON MAGUIRE but had not made contact with Mr Lee’s cart.
In response to questioning from Mr Orange, Mr Dunn said he had not yelled out as it was on the finishing line when the tightening happened. He agreed with Mr Orange that it was possible to steer a horse with both reins in one hand, that the natural instinct of a horse was to shift in on a bend, and that the head of DELIGHTFUL MEMPHIS may have been turned outwards because Mr Orange was placing pressure on its mouth. When the Committee had the videos frozen some 30 metres from the winning post, Mr Dunn agreed he had not been able to drive his horse out at that point of the race and that Mr Lee did not appear to have shifted outwards. Again, he emphasised he believed the best he was going to finish was third.
Mr Orange denied he had not had enough control of his horse. The reins were crossed but he was controlling DELIGHTFUL MEMPHIS. He pointed to the occasions the horse’s head was turned outwards slightly. He said this was evidence of his control and that he was putting pressure on the horse’s mouth. He accepted it had got tight in the last two steps but the race was over by then. He said drivers often get squeezed out of gaps in a race and he had let DELIGHTFUL MEMPHIS run to the line but, in so doing, he had placed pressure on its mouth. He acknowledged the horse was drifting in slowly but he was correcting it, as it had its head turned outwards.
Mr Tidmarsh summed up by stating the Stipendiary Stewards would expect a driver to make steps to straighten his horse. DELIGHTFUL MEMPHIS had shifted down the track in the home straight and Mr Dunn had had to restrain his horse from the 40 metres. Mr Lee had not moved and Mr Dunn was entitled to a clear and uninterrupted run, which he had not received. He refuted that the respondent had put pressure on the horse’s mouth.
Mr Orange said the issue was did he do enough to correct his horse. He submitted the fact DELIGHTFUL MEMPHIS’s head was turned out was evidence that he had.
reasonsfordecision:
Mr Orange has correctly identified the issue. However, we do not agree that he has taken adequate steps to ensure that DELIGHTFUL MEMPHIS ran in a straight line down the home straight. He has allowed DELIGHTFUL MEMPHIS to drift inwards until the horse came into Mr Dunn’s running line. Mr Lee was to Mr Dunn’s inside. There was nowhere for Mr Dunn to go so he had to take hold. We accept the grabbing hold was close to the winning post and by this time it was evident that EAMON MAGUIRE was not going to finish ahead of DELIGHTFUL MEMPHIS. Mr Dunn said in his view the tightening had not cost him a better placing.
Whatever pressure Mr Orange was placing on the mouth of DELIGHTFUL MEMPHIS was insufficient to prevent the horse shifting in gradually in the home straight. The horse’s head did turn significantly outwards on one occasion but this was right on the line and by which time Mr Dunn had clearly run out of room.
Decision:
We are satisfied Mr Orange has taken insufficient action to straighten DELIGHTFUL MEMPHIS. We thus find the charge proved.
sumissionsforpenalty:
Mr Tidmarsh produced Mr Orange’s record, which evidenced no breach of this or the careless driving rule for this and the past two seasons. Mr Orange is a very busy driver and Mr Tidmarsh rightly described this record as excellent. He also emphasised that the respondent’s actions had not cost Mr Dunn a better placing. He submitted a fine of $250 was appropriate.
Mr Orange submitted that a fine of $200 should be imposed.
reasonsforpenalty:
The breach is low end, although to some extent this is fortuitous, as Mr Dunn has clearly run out of room. However, this was close to the line and Mr Dunn has said it did not cost him a better placing. Mr Orange’s record is a remarkable one when regard is had to the fact that he is one of the country’s busiest drivers. We estimate he would have had close to 2000 drives with no breach of this or the careless driving rule.
penalty:
The starting point in the JCA penalty guide is $300 or 6 drives. After taking into account the nature of the breach and, in particular, Mr Orange’s record, we impose a fine of $200 and remind him he has obligations not only to the connections of the horse he is driving but also to his fellow drivers.
hearing_type: Hearing
Rules: 869(4) and the Home Straight Regulations
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr B Orange - Open Horseman
Otherperson: Mr D Dunn - Driver of EAMON MAGUIRE
PersonPresent:
Respondent:
StipendSteward:
raceid: 542998869e60a64d615b62b735eeb376
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1c95a66c276fc0720bc485f2a0917ae4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/03/2017
meet_title: Wairio TC - 25 March 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairio-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Wairio TC